Children: Public Law Update (August 2018) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

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Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

The need for a ‘joined up’ or holistic evaluation of welfare in children proceedings – Family Law

‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’

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Family Law, 28th August 2018

Source: www.familylaw.co.uk

Leaving the country to evade care proceedings – how does the court in England & Wales get your children back? – Transparency Project

Posted August 15th, 2018 in care orders, child abduction, EC law, news by sally

‘The following opinion of an Advocate General in the European Court of Justice (NB not the European Court of Human Rights at Strasbourg) is an interesting investigation as to how the courts of two different EU Member States work together to deal with the situation where parents have unlawfully removed their children from one country to the other – together with some strong criticism of how those countries failed to abide by important procedural safeguards to protect the rights of both the parents and the children.’

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Transparency Project, 14th August 2018

Source: www.transparencyproject.org.uk

Inadequate police disclosure in care proceedings – Family Law

Posted August 10th, 2018 in care orders, disclosure, news, police by sally

‘Following A Local Government v A and others [2018] EWHC 1819 (Fam), a hearing involving the death of a baby in suspicious circumstances, Gemma Taylor QC at 42 Bedford Row and Samantha Bowcock at 15 Winckley Square Chambers, stress the importance of disclosure of relevant material in care proceedings and examine the steps that police and local authorities should take in order to avoid compromising a case.’

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Family Law, 8th August 2018

Source: www.familylaw.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by tracey

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

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Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk

Home Office ordered to pay £50,000 after child separated from father – The Guardian

Posted July 12th, 2018 in care orders, children, compensation, detention, families, immigration, news by sally

‘The Home Office has agreed to pay £50,000 compensation after a three-year-old girl was left in care while her father was unlawfully placed in immigration detention.’

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The Guardian, 11th July 2018

Source: www.theguardian.com

Court of Appeal sets out approach when considering SGOs in care proceedings – Family Law

Posted July 5th, 2018 in appeals, care orders, guardianship, news by tracey

‘Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal, of 1GC|Family Law, examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.’

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Family Law, 4th July 2018

Source: www.familylaw.co.uk

Speech by Lord Justice McFarlane: Care Crisis Review Launch – Courts and Tribunals Judiciary

Posted June 14th, 2018 in care orders, family courts, judges, reports, speeches by tracey

‘Speech by Lord Justice McFarlane: Care Crisis Review Launch.’

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Courts and Tribunals Judiciary, 13th June 2018

Source: www.judiciary.uk

Legal system of child protection is in crisis, says senior judge – The Guardian

Posted June 13th, 2018 in care orders, child neglect, family courts, news, social services by sally

‘The family justice system is in crisis, fuelled by an “untenable” workload created by a glut of applications to take vulnerable children into care, the senior judge about to become the next head of the family courts has said.’

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The Guardian, 13th June 2018

Source: www.theguardian.com

Bob the Builder – Mail, please fix it! – Transparency Project

Posted June 8th, 2018 in care orders, children, media, news by sally

‘The Daily Mail reported yesterday that a ‘Nurse’s one-year-old son is taken from her care after she let him sit in a Bob The Builder toy car that was ‘inappropriate’ for his age’.’

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Transparency Project, 6th June 2018

Source: www.transparencyproject.org.uk

Mother denied chance to take her case to ‘court of public opinion’ – Law Society’s Gazette

Posted May 31st, 2018 in care orders, families, family courts, injunctions, media, news by sally

‘Family Division president Sir James Munby, who has long argued for allowing the ‘glare of publicity’ in to family courts, says some cases should not be debated under the public gaze, as he denied a mother the chance to take her case to the ‘court of public opinion’.’

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Law Society's Gazette, 31st May 2018

Source: www.lawgazette.co.uk

Temporary relocation of a child: a practical approach – Family Law

Posted May 31st, 2018 in care orders, children, jurisdiction, news, treaties by sally

‘Temporary relocation cases tend to fall into two categories. The first category is for a holiday with a typical duration of a few weeks, for example to allow a child to return to a mother’s home country to see wider family during the summer holidays. The second category is a stay of a longer duration, perhaps of several months. It may be to enable a child to have an extended stay with family or to allow the parent to pursue a temporary job opportunity.’

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Family Law, 30th May 2018

Source: www.familylaw.co.uk

Woman who asked court to allow disabled daughter to die changes mind – BBC News

Posted May 21st, 2018 in care orders, children, consent, disabled persons, medical treatment, news by sally

‘A woman who thought that her severely disabled 11-year-old daughter should be allowed to die has told a family court judge that she has changed her mind.’

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BBC News, 20th May 2018

Source: www.bbc.co.uk

Family Division judge refuses council permission to withdraw care proceedings – Local Government Lawyer

Posted May 11th, 2018 in care orders, children, local government, news, terrorism by sally

‘A Family Division judge has refused an application by the London Borough of Tower Hamlets to have care proceedings for child C either dismissed or withdrawn.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Approach when a local authority seeks permission to withdraw application for care order – Family Law

Posted April 30th, 2018 in care orders, children, local government, news, terrorism by tracey

‘Family analysis: Maud Davis, partner at TV Edwards LLP, says the judgment in A local authority v A mother and others [2017] EWHC 3741 (Fam), [2017] All ER (D) 146 (Dec) makes it clear that the risk of significant harm has to be established on the basis of evidence, and not “assumptions or speculation on future behaviour”.’

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Family Law, 26th April 2018

Source: www.familylaw.co.uk

Getting the Most Out of Independent Reviewing Officers in Care Proceedings – Family Law Week

Posted April 23rd, 2018 in care orders, children, guardianship, local government, news by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.’

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Family Law Week, 20th April 2018

Source: www.familylawweek.co.uk

Shared care arrangements in relocation cases – Family Law

Posted April 12th, 2018 in care orders, children, domicile, families, news by sally

‘Family analysis: Richard Jones, barrister at 1 Garden Court Chambers, discusses the practical implications of the judgment in JAL v LSW [2017] EWHC 3699 (Fam), which concerns how the courts should approach relocation cases where care of the child has been shared.’

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Family Law, 12th April 2018

Source: www.familylaw.co.uk

Removing a party to proceedings: A Local Authority v F and others – Family Law

‘Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam), [2018] All ER (D) 68 (Mar) Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.’

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Family Law, 27th March 2018

Source: www.familylaw.co.uk

Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989 – Family Law Week

Posted March 23rd, 2018 in care orders, domestic violence, evidence, families, family courts, news by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal’s judgment in R (Children) [2018] EWCA Civ 198.’

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Family Law Week, 16th March 2018

Source: www.familylawweek.co.uk

Deprivation of liberty and administration of medication by a local authority to a child – Zenith Chambers

‘Local Government analysis: Louise McCallum, barrister, and Emily Ross, pupil barrister, both of Zenith Chambers, Leeds, consider the case of T (A Child: Care Order: Beyond Parental Control: Deprivation of Liberty: Authority to Administer Medication), which dealt with issues of deprivation of liberty and administration of medication by a local authority to a child.’

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Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk